Document

Document

Just months away from being released from federal prison, former Congressman Randy “Duke” Cunningham of Rancho Santa Fe wrote to a federal judge earlier this month asking help to get his rights to carry a gun restored.

But the plea, made in a rambling and sometimes disconsolate letter sent to Judge Larry A. Burns on May 2, was for naught. Burns, who sentenced Cunningham to eight years and four months in prison in 2006, replied he had no power to help him.

The correspondence is the latest missive from the Tucson, Ariz., federal prison where Cunningham has been serving his sentence. The former Republican congressman pleaded guilty to conspiracy and tax evasion and admitted to receiving gifts, cash and fancy trips from defense contractors in exchange for steering government work their way.

Since his imprisonment he has denied taking bribes and said he regretted his plea. In the letter he said he is scheduled to be released to a halfway house in December.

But as a felon, Cunningham is prohibited from legally carrying a gun. In his letter to Burns he said he planned to live with his brother and mother in a cabin in rural Arkansas. There he said he planned to write books, compete in sport shooting contests and hunt.

He wrote he would be in a remote part of the state and “not much threat from people but they do have a lot of black bears, cougars, and a history of rabies.” He asked the judge to act to restore his rights, or at the least, “endorse” Cunningham’s bid to restore them.

On May 14 Burns responded that since 1968 federal law has banned felons from possessing weapons. The law contains no exemptions for hunting and sport shooting, the judge noted. Cunningham’s only hope would be to apply to the Secretary of the Treasury for a waiver from the ban

But the judge noted that since 1992 Congress has not appropriated funds for the Bureau of Alcohol, Tobacco and Firearms (ATF) to do the background investigations for felons applying for the waiver.

The judge said he didn’t personally think Cunningham posed a threat to public safety if he had guns, but noted any endorsement of Cunningham’s bid was of “no moment” because of the funding block by Congress for background checks.

The exchange of letters, first reported by San Diego journalist Seth Hettena, is contained in Cunningham’s federal court file.

In the letter, a forlorn sounding Cunningham, now 70, complains he is broke and after he is released to a halfway house will have to live on $1,700 per month. He referred to his decorated military career, too.

“I flew aircraft that could disintegrate your building with a half second burst and now can’t carry a 22 cal,” he wrote. He also noted that his crime was nonviolent and he was a first-time offender.